AI In the Public Interest: Authorship & Copyright in the Age of AI; JD Supra, June 11, 2026

 J. Jekkie Kim, Ariel Soiffer , JD Supra; AI In the Public Interest: Authorship & Copyright in the Age of AI

"In the Public Interest is excited to present the new miniseries, “AI In the Public Interest.” These episodes will examine AI’s impact on the legal landscape and its broader implications for the day-to-day operations of organizations across industries. With the wider prevalence of companies utilizing AI to assist in decision making and determine future frameworks, these conversations will not only take stock of the current state of AI, but will also offer practical insights into what the future may hold. 

The first episode kicks off with a conversation between co-host Jekkie Kim and Partner and Chair of WilmerHale’s AI Technology Transactions Practice Ariel Soiffer. Together they discuss AI through the lens of ownership and copyright, examining guidance from the Copyright Office as to who and what can be a content author. Soiffer also identifies what current protections are in place for those attempting to copyright content that has been created with the involvement of AI. He stresses how important it is for creators and companies alike to document their creative outputs and offers a look into the increasingly complex questions surrounding authorship."

Perspective: No copyright for AI-generated content; Northern Public Radio, March 13, 2026

David Gunkel, Northern Public Radio; Perspective: No copyright for AI-generated content

"What the courts actually decided is that neither the AI system nor the human who uses it counts as the author of the resulting work. Simply prompting ChatGPT or Claude to produce something isn’t considered the kind of creative activity that copyright law recognizes as authorship. And that creates an unexpected result. If neither the AI nor the human user is the author, then the work has no author at all. In effect, AI-generated images, music, and text become “orphan works”—creations that belong to no one. And that means that anyone can use them."

Copyright Office Doubles Down on AI Authorship Stance in the Midjourney Case; The Fashion Law (TFL), January 23, 2026

  TFL, The Fashion Law (TFL); Copyright Office Doubles Down on AI Authorship Stance in the Midjourney Case

"The U.S. Copyright Office is standing firm in its position that works generated by artificial intelligence (“AI”), even when refined or curated by a human user, do not qualify for copyright protection unless the human author clearly limits their claim to their own original contributions. In a newly filed response and cross-motion for summary judgment, the Office is asking a federal court in Colorado to deny artist Jason Allen’s motion for summary judgment and uphold its refusal to register the work at issue, arguing that the dispute turns on the Copyright Act’s long-established human authorship requirement and not hostility toward AI."

Copyright and AI: Controlling Rights and Managing Risks; Morgan Lewis, September 23, 2025

  JOSHUA M. DALTON, Partner, Boston; COLLEEN GANIN, Partner, New York; MICHAEL R. PFEUFFER, Senior Attorney, Pittsburgh, Morgan Lewis; Copyright and AI: Controlling Rights and Managing Risks

"The law on copyright and AI is still developing, with courts and policymakers testing the limits of authorship, infringement, and fair use. Companies should expect continued uncertainty and rapid change in this space."

Who owns the copyright for AI work?; Financial Times, August 24, 2025

  BARRY SCANNELL, Financial Times; Who owns the copyright for AI work?

"Generative artificial intelligence poses two copyright puzzles. The first is the widely discussed question of compensation for work used to train AI models. The second, which has yet to receive as much attention, concerns the work that AI produces. Copyright is granted to authors. So what happens to work that has no human author?"

Copyright Office Releases Part 2 of Artificial Intelligence Report; U.S. Copyright Office, Issue No. 1060, January 29, 2025

U.S. Copyright Office, Issue No. 1060; Copyright Office Releases Part 2 of Artificial Intelligence Report

"Today, the U.S. Copyright Office is releasing Part 2 of its Report on the legal and policy issues related to copyright and artificial intelligence (AI). This Part of the Report addresses the copyrightability of outputs created using generative AI. The Office affirms that existing principles of copyright law are flexible enough to apply to this new technology, as they have applied to technological innovations in the past. It concludes that the outputs of generative AI can be protected by copyright only where a human author has determined sufficient expressive elements. This can include situations where a human-authored work is perceptible in an AI output, or a human makes creative arrangements or modifications of the output, but not the mere provision of prompts. The Office confirms that the use of AI to assist in the process of creation or the inclusion of AI-generated material in a larger human-generated work does not bar copyrightability. It also finds that the case has not been made for changes to existing law to provide additional protection for AI-generated outputs.

“After considering the extensive public comments and the current state of technological development, our conclusions turn on the centrality of human creativity to copyright,” said Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office. “Where that creativity is expressed through the use of AI systems, it continues to enjoy protection. Extending protection to material whose expressive elements are determined by a machine, however, would undermine rather than further the constitutional goals of copyright.”

In early 2023, the Copyright Office announced a broad initiative to explore the intersection of copyright and AI. Since then, the Office has issued registration guidance for works incorporating AI-generated content, hosted public listening sessions and webinars, met with experts and stakeholders, published a notice of inquiry seeking input from the public, and reviewed more than 10,000 responsive comments, which served to inform these conclusions.

The Report is being released in three Parts. Part 1 was published on July 31, 2024, and recommended federal legislation to respond to the unauthorized distribution of digital replicas that realistically but falsely depict an individual. The final, forthcoming Part 3 will address the legal implications of training AI models on copyrighted works, including licensing considerations and the allocation of any potential liability.

As announced last year, the Office also plans to supplement its March 2023 registration guidance and update the relevant sections of the Compendium of U.S. Copyright Office Practices.

For more information about the Copyright Office’s AI Initiative, please visit the website."